Contracts and Getting Down to Business
Contracts are not used to be abused, not looked at again, or not knowing how to use it. The goal of contracts is to understand what is in them, be able to explain it, and use it in multiple ways. Contracts aren’t always on paper; there can be oral contracts or through email. Contracts come down to both parties coming together and agreeing on something very specific. It’s suggested to have contracts agreed on and signed before any actions are taken, being that this will prevent any issues that could occur. They do need to understand what’s in the contract and what they are agreeing on. Clients understanding what they are signing is one legal requirement to a valid contract. The purpose of contracts are for protection, setting up expectations, and to facilitate customer service. Contract requirements include party information, who the party is and who is signing the documents throughout the rest of the document. Another is must-haves for validity, digital contracts are valid as long as they contain everything that was discussed before. Direct your contract to mirror your communication, that mirrors your workflow, and making sure your clients understand. The workflow will involve when your clients come in to inquire, the session, payment, and to the end when products are delivered.
The main contract is going to be the model and print release. Model release gives permission for use of image and promotional activity. Also, the client waiving any claim of compensation for use of their face in marketing. In the event that your image blows up you will be protected from your client hiring a lawyer trying to get money from you. If models are under the age of 18, you should require a parent or guardian to sign. Print release is giving them a license and telling them what they can do with the image. Meaning it gives them permission to do certain things such as what labs to print, how big they print, or how many times they can do it. Although you have boundaries you own the copyright of the images. Product delivery agreements is for you to have proof that the product was in good condition when it was delivered or picked up. In the event that a client damages the product and calls saying you delivered it damaged you now have in writing that they looked at it and approved of the quality. Payment plan agreement is when they have to pay, how much they have to pay, and any late fees. These are useful to have on hand during portrait sessions. Third-party documents are to ensure that anything that is created in the course of your business is your intellectual property. Meaning that when any independent contractor is hired and everything that they create is yours.
